U.S. Court of Appeals for the Fifth Circuit, 1974

Sacher v. Columbia Steamship Co.

U.S. Court of Appeals for the Fifth Circuit · Decided May 8, 1974

493 F.2d 1109; 1974 A.M.C. 2157; 1974 U.S. App. LEXIS 8737 (Federal Reporter, Second Series)

Counsel

Owen J. Bradley, David Gertler, New Orleans, La., for plaintiff-appellant., John W. Sims, J. Barbee Winston, New Orleans, La., for American S/S Owners., Ward R. Jones, New Orleans, La., for Columbia S/S Co., William E. Wright, Charles F. Lozes, New Orleans, La., for other interested parties.

Cases that cite this one

2 later published cases cite this decision. The 1 that cite it most often are listed here.

Delaune v. Saint Marine Transportation Co. (United States District Court Eastern District of Louisiana 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

The plaintiff-appellant was injured aboard the S.S. COLUMBIA BANKER, in the Pacific Ocean. The Vessel was owned by the Columbia Steamship Company, which, in turn, was insured by American Steamship Owner’s Mutual Protection and Indemnity Association, Inc. The policy of insurance was both written and delivered in the State of New York. The plaintiff attempted to bring suit against both his employer, the steamship company, and, through the *1110Louisiana Direct Action statute (LSA-P.S. 22:655), the insuror of his employer. The District Court granted summary judgment in favor of the defendant insurance company on the ground that the Louisiana Direct Action statute cannot be applied against an insurance company with reference to an accident which did not take place in the State of Louisiana and where the policy was neither written nor delivered in that State.

Under the authority of Kirchman v. Mikula, 5 Cir., 1971, 443 F.2d 816 (citing Webb v. Zurich Insurance Company, 251 La. 558, 205 So.2d 398 (1967), the judgment of the District Court is

Affirmed.

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